Back in September 2003, Web site HardOCP reported Infinium Labs' CEO Tim Robert's occupational history as being one marked by failed ventures burning through millions of dollars. Furthermore, the site claimed to have gone to the physical address of Infinium Labs, the company behind the Phantom games console, finding only a strip mall with no offices.

Infinium Labs' chief operating officer Kevin Bachus has punched back, demanding that the "false and defamatory" article be taken down. "(The article) reached conclusions as a result of a very minimal amount of investigative reporting, which is intentionally designed to cast dispersions on the potential of the company and the intentions, most importantly, of Tim (Roberts) in creating the company."

The company and Tim Robert's legal counsel, including IcardMerrill, have both sent letters to HardOCP demanding that the article be taken down before any discussions take place. Claiming that the article was published with "the intent to tarnish Mr. Roberts' image and dilute the value of his name," IcardMerrill has put pressure on HardOCP, saying, "Mr. Roberts is prepared to commence formal legal action against you, within ten days of this letter, to halt your continued publication of false and misleading information."

Standing by its report, HardOCP fired right back, with site editor-in-chief Kyle Bennet saying, "I have extended HardOCP.com's pledge to correct any and all possible inconsistencies or errors in our editorial entitled 'Behind the Phantom Console' personally to Timothy Roberts and Kevin Bachus of Infinium Labs and they have yet to inform HardOCP.com of any information we presented as being not correct. This courtesy was extended on September 17, 2003, the date the article was published and has been extended several times since then with no reply ever being received by HardOCP.com."

Given the credibility gap of Infinium Labs, including its beta-test in Q4 2003 that never materialized, and initial promises of a March 2003 launch, Infinium Labs fights an uphill battle to discredit HardOCP's article. Even if a lawsuit is filed, the only position that will change might be Infinium Labs', as HardOCP's Kyle Bennet resolutely states, "no amount of legal badgering and frivolous lawsuits will change those opinions that we have shared with our readers."